Information, Terms and Conditions Form
Use of BALANCE Program
By using this BALANCE Program of the IWK Health Centre (“IWK Health Centre” or “IWK”), you agree to be bound by the following terms and conditions. The IWK Health Centre may change these terms and conditions by posting such changes to the Program Learning Management System (“LMS”). Your continued use of the LMS constitutes your acceptance of such changed terms and conditions.
The IWK Health Centre grants you a limited license to display on your computer, print, download and use the information contained in this BALANCE Program for your own personal, non-commercial or educational purposes only, provided that:
- You do not modify the information; and
- All copyright and other proprietary notices are retained.
- No other use of the information is permitted. Without limiting the generality of the foregoing, you may not:
- Use any of the information for any commercial purpose, or for any public display (commercial or non-commercial);
- Include any of the information or reference thereto in or with any information, product or service that you create, distribute or provide;
- Copy or transfer any of the information onto your own web site or any other web site or server.
Any information on this BALANCE Programs represents the opinions of the authors. The IWK Health Centre assumes no obligation to update the information or advise on further developments concerning topics mentioned. The information may be changed from time to time without notice. The IWK Health Centre disclaims all warranties, representations and conditions regarding use of the Program or the information, including all implied warranties or conditions of merchantability, fitness for a particular purpose, non-infringement, whether expressed or implied.
The IWK Health Centre does not warrant that the functions contained in the BALANCE Program or the Content will be uninterrupted or error free, or that the BALANCE Program is free of harmful elements such as viruses.
Disclaimer of Liability
To the maximum extent permitted by applicable law, in no event shall the IWK Health Centre, or any of its directors, officers, employees, suppliers, professional or other staff or consultants, be liable in any manner for direct, indirect, special, consequential or punitive or other damages, however caused, arising out of your use of this BALANCE Program and/or any web browser, software, products or services included in or available through the BALANCE Program including any damages you may suffer in contract, tort, negligence equity, statute law, if you transmit confidential or sensitive information to the IWK Health Centre, if the IWK Health Centre communicates such information to you at your request over the Internet, or out of the Content or any failure of performance, error, omission defect or other problem with this BALANCE Program. This limitation of liability applies even if the IWK Health Centre, or any of its directors, officers, employees, suppliers, professional or other staff or consultants, have been advised of the possibility of damages.
No Unlawful or Prohibited Use
As a condition of your use of the BALANCE for Autism Web Site, you warrant to BALANCE for Autism that you will not use the BALANCE Program for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the LMS in any manner which could damage, disable, overburden, or impair the LMS or interfere with any other party's use and enjoyment of the LMS. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the BALANCE Program.
Use of Communication Services
The BALANCE Program may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
The IWK Health Centre has no obligation to monitor the Communication Services. However, the IWK Health Centre reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The IWK Health Centre reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The IWK Health Centre reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the IWK Health Centre 's sole discretion.
Always use caution when giving out any personally identifying information in any Communication Service. The IWK Health Centre does not control or endorse the content, messages or information found in any Communication Service and, therefore, the IWK Health Centre specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized IWK Health Centre spokespersons, and their views do not necessarily reflect those of the IWK Health Centre or the BALANCE for Autism Team.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
Copyright And Trademark Notices:
All contents of the BALANCE Program are: Copyright 2017 by the IWK Health Centre, or any of its directors, officers, employees, suppliers, professional or other staff or consultants. All rights reserved.
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
Any rights not expressly granted herein are reserved.
The IWK Health Centre reserves the right, in its sole discretion, to terminate your access to the BALANCE Program and the related services or any portion thereof at any time, without notice.
To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Nova Scotia and you hereby consent to the exclusive jurisdiction and venue of courts in Halifax, Nova Scotia, Canada for all disputes arising out of or relating to the use of the BALANCE Program. Use of the BALANCE Program is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the IWK Health Centre as a result of this agreement or use of the BALANCE Program.
The IWK Health Centre's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the IWK Health Centre's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the BALANCE Program or information provided to or gathered by BALANCE Program with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and the IWK Health Centre with respect to the BALANCE Program and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and IWK Health Centre with respect to the BALANCE Program.